A more recent version of these Unfair Dismissal I Tutorial notes – written by University Of Law students – is available here.
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Unfair Dismissal i-Tutorial INTRODUCTI ON?
Can bring an action even if the contract was terminated in accordance with its terms and conditions Employee will argue that the dismissal, or the procedure in the run up to the dismissal, was unfairOutcomes:WD claim cannot be made if the termination was carried out in accordance with termination conditions... however the employee may still have a claim in UD UD is a statutory claim set out in the Employment Rights Act 1996 Not all employees eligible; 4 tests:
? Contract OF SERVICE and not contract FOR SERVICES
? Not always straightforward to distinguish... difficult to find a single test
? Three basic requirements:
o o o
1 means can't delegate the work to someone else 2 means the employer must be under an obligation to offer the employee work and the employee must be under an offer to accept it 3 means, for example, hours of work, place of work and duties to be performed
? If any one of these factors is missing, the worker won't be classed as an employee
REQUISITE PERIOD OF EMPLOYMENT PRIOR TO DISMISSAL
? Month means a calendar month and year means 12 calendar months
? 20 April 2011 and worked continuously from that date, the first years' employment would be complete on 19 April 2012;
BEEN INCREASED TO 2 YEARS MUST NOT BE IN EXCLUDED CLASS
ACTIVITY 1 - THE DEFINITION OF DISMISSAL
THE UNFAIR DISMISSAL CLAIMAt common law an employer, as long as he abides by the termination provision in the contract, can dismiss employees as he sees fit with no remedy arising for the employee... however in order to protect the employees from this dismissal at whim, the statutory claim of unfair dismissal has introduced the concept of 'fairness'
4 stages of an unfair dismissal claim: 1) Is the employee eligible to claim? Employee has to prove eligibility
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